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Liability of the management Technology- & IT-Law

Competition Law and the Obligation to Take Back Old Electronic Devices in Germany

In its ruling from July 23, 2024 (Case No. 84 O 124/23), the District Court of Cologne addressed the legal obligation of retailers to accept old electronic devices under specific conditions free of charge. The court focused on the take-back obligation under the German Electrical and Electronic Equipment Act (ElektroG) and whether a retailer’s refusal to accept old electronic devices constituted a violation of these statutory requirements.

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Technology- & IT-Law

Contract for the subsequent installation of a delivered battery storage unit is generally classified as a purchase agreement with an installation obligation

In the judgment of the Saarland Higher Regional Court of Saarbrücken (Case No. 2 U 75/23), the court ruled that a contract for the subsequent installation of a delivered battery storage unit is generally classified as a purchase agreement with an installation obligation, rather than a contract for work. This distinction significantly impacts the rights and obligations of the contracting parties as well as the statute of limitations for warranty claims.

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Liability of the management Technology- & IT-Law

Warning letters possible in Germany: Data protection violations can be prosecuted by competitors

The European Court of Justice (ECJ) recently issued a ruling (judgment of October 4, 2024) stating that the General Data Protection Regulation (GDPR) does not provide an exhaustive list of who may pursue data protection violations. This decision has significant implications for competitors who seek to address GDPR breaches.

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Criminal Defense Technology- & IT-Law

Legal Consultation for Russian Individuals Allowed in the EU

In response to Russia’s war of aggression against Ukraine, the European Union has imposed a series of sanctions targeting various sectors, including legal services. These sanctions generally prohibit EU lawyers from providing legal services to the Russian government and to legal entities, organizations, or institutions based in Russia. This ban particularly affects advice on commercial and civil law matters that are not connected to legal proceedings. However, there are important exceptions, particularly when it comes to safeguarding fundamental rights.

In recent rulings by the General Court of the European Union (GC, T‑797/22, T‑798/22, and T‑828/22), it was clarified that these sanctions do not restrict the right of Russian individuals to seek legal counsel. The court determined that Russian citizens involved in current or anticipated legal disputes retain the right to seek representation and legal advice from EU lawyers. This right is protected by Article 47 of the Charter of Fundamental Rights of the European Union (Charter), which guarantees access to courts and effective legal protection.

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Criminal Defense

Captagon in German criminal law: an overview

Captagon, also known as fenetylline, is a psychoactive stimulant originally developed in Germany in the 1960s by the Degussa Pharma Group. Originally used as a medication to treat attention deficit disorder and narcolepsy, Captagon was regulated and eventually banned internationally in the 1980s due to its misuse as an illegal drug.

Today, Captagon is primarily known as a drug that is produced and traded illegally in the Middle East and also poses a challenge to criminal law in Germany.

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Labour law Technology- & IT-Law

Protecting Business Secrets in Germany: Legal Risks When Employees Forward Emails to Private Accounts

In today’s digital age, protecting business secrets has become increasingly complex, especially in countries with strict data protection laws like Germany. A recent ruling from the Higher Regional Court (OLG) Munich (7 U 351/23) highlights the serious legal implications for employees who forward company emails or data to their private email accounts. For foreign companies with employees in Germany, understanding these risks is crucial for safeguarding sensitive business information and preventing potential internal threats.

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Cybercrime Criminal Defense Technology- & IT-Law

Law Enforcement’s Access to the TOR Network: Investigative Techniques and Legal Implications

The TOR (The Onion Router) network, widely used for ensuring anonymous online communication, has been a critical tool for journalists, activists, and whistleblowers. However, its reputation as a secure environment has also made it attractive to criminal organizations. This has put TOR in the crosshairs of law enforcement agencies across the globe. The once seemingly impenetrable network is no longer beyond the reach of investigators, thanks to evolving techniques such as timing attacks, traffic analysis, and international collaboration.

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Cybercrime Criminal Defense

The Challenge of Investigating and Defending Against Cryptomessenger Cases in Germany and Europe

In recent years, law enforcement agencies across Europe have made headlines with high-profile operations targeting encrypted messaging services like EncroChat, ANOM, SkyECC, and more recently, Ghost. These services, which were primarily used by organized criminal networks, have posed significant challenges for both investigators and defense attorneys.

The takedown of these platforms has led to the capture of massive amounts of data, often including millions of messages that were previously thought to be inaccessible due to advanced encryption. While these operations, like “Project Overclock,” have been celebrated as major successes in the fight against organized crime, they also raise significant concerns, particularly when it comes to the rights of defendants and the difficulties their legal teams face.

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Liability of the management

Recent Ruling on Managing Director Liability in Germany: Key Takeaways for Foreign Business Leaders

In a pivotal decision on September 17, 2024, the Munich Regional Court (LG Munich I, Case No. 20 O 14715/21) ruled on a case concerning the liability of managing directors and consulting services provided during a failed corporate restructuring. The ruling offers important insights into the extent of managerial responsibility in Germany and highlights the critical issues of contract-based claims, tort liability, and the statute of limitations.

Here’s what foreign business leaders need to know about this ruling and its broader implications.

Categories
Technology- & IT-Law

The Future of Robotics: Impact of the Data Act on Innovation and Legal Frameworks

The rapid advancement of digitalization and automation is shaping today’s work environment at an unprecedented pace. Particularly in robotics, this development offers tremendous potential as robots become increasingly intelligent and autonomous. However, the swift technological progress also presents legal challenges, especially in handling the vast amounts of data generated and used by these systems.

The European Union’s Data Act and the Data Governance Act (DGA) are pivotal frameworks, not only for data protection but also for fostering innovation in robotics.